Divorce is mentally, emotionally, and physically draining. There are huge financial implications involved in a divorce as well. As a result, assets such as the house, rental property, pension plans, a jointly owned business, and much more are created. When a divorce happens, these need to be equally split up. In the state of Illinois, we follow the Equitable Distribution Law which states that, the wealth settlement between the contesting individuals needs to be fair and justified. It should be done keeping in mind the financial standing ofContinue reading
Category Archives: Divorce
Is Divorce the Solution to Your Marital Woes?
“Divorce isn’t such a tragedy. A tragedy’s staying in an unhappy marriage, teaching your children the wrong things about love.” -Jennifer Weiner Couples may go through a lot of challenges in their married life. A heated argument, a betrayal or a rocky patch may land their marriage in hot water. However, some couples outgrow these problems, whereas others emotionally drift away from each other. Emotional detachment acts as the death knell for a marriage. This is when divorce seems like an inevitable conclusion to end marital woes. DoContinue reading
Things to Consider before Filing for Divorce
Divorces can never give rise to pleasant feelings. More often than not, they tend to get messy. Couples typically make every effort possible to avoid the misfortune of getting a divorce. But, if you’re in an unhealthy relationship, it may be time to consider your options. Regardless of your reasons for filing for divorce, it is a decision that needs to be made devoid of emotion. It is difficult to think straight when emotions get in the way of decision making. This typically happens when it comes toContinue reading
Protecting Yourself in an Abusive Relationship
The problem is far more prevalent that most American’s realize. The statistics reveal that a woman is 85% more likely to be the victim of domestic violence, with only 15% of cases involving male victims every year in the United States. In fact the statistics show that 1 in 4 women will experience an instance of domestic violence at the hands of their intimate partner. (Image Credit:https://s3.amazonaws.com/law-media/uploads/162/17180/large/d-v.jpg?1424475793) For more data on domestic violence, read “30 Shocking Domestic Violence Statistics That Remind Us It’s An Epidemic” by Alanna VagianosContinue reading
Divorcing a Narcissist: What You Need to Know
No divorce is ever easy. The entire process of ending a marriage can be traumatizing for one or both parties involved and the circumstances and reasons for dissolving a marriage are unique. Very rarely in the case of divorce do both parties wish to see the relationship end; when one partner wants the divorce and the other does not, typically that is when some of the most spiteful, drawn out divorces occur. (Image Credit:http://sdward.com/wp-content/uploads/2012/01/Couple3-325×290.jpg) For individuals who are married to someone with an emotional disorder or someone whoContinue reading
The Top Dos and Don’ts of the Divorce Process
It is said the marriages are made in heaven. Divorces, on the other hand, can be arranged on earth. Marriage is regarded as a sacred institution. And sacred it is, until both the partners decide that they can no longer co-exist peacefully as long as the marital knot binds them together. An amicable divorce is most preferable, but a couple going through a bitter divorce is bound to experience tumultuous times, and find themselves in one of the most complex situations. (Image credit: https://www.pinterest.com/pin/444097213231412819/) As if the pressureContinue reading
A Divorce Can Happen To Anyone – Do Not Be Ashamed
What do celebrity couples like Tom Cruise and Nicole Kidman; Madonna and Sean Penn; and Michael Jackson and Lisa Marie Presley have in common? They were all once happily married till divorce came along. But divorce is not a Hollywood phenomenon. US Census estimates fifty percent of all couples end up in divorce. This is a real life account: “My life crumbled before my very eyes. I did not sign up for divorce as a young bride. I believed in marriage, the vows and happily ever after.” (SandraContinue reading
VISITATION WITH UNRELATED CHILDREN 750 ILCS 5/607
In Illinois, visitation rights with children of married and unmarried parents is governed by 750 ILCS 5/607, and it is established using a “best interests” standard. A party seeking to restrict visitation must prove to the court that regular visitation would create a “serious endangerment” to the child. In a recent divorce case I represented the father of two children. His wife also had a child from a prior relationship, and that child had no relationship with her biological father. After five years of marriage a divorce wasContinue reading
ESTABLISHING CHILD SUPPORT – 750 ILCS 5/505
In Illinois the law under which child support is established is 750 ILCS 5/505. It applies to children of married parents (pursuant to the Illinois Marriage and Dissolution of Marriage Act) as well as to children of parents who never married (ie: parentage cases pursuant to the Illinois Parentage Act of 1984). In both circumstances the Court is entitled to set child support based on a percentage of the non-custodial parent’s net income. The Court has the ability to award child support retroactive to the date the requestContinue reading
What You Need to Know About Child Custody in Divorce Cases
Divorce is one of the most stressful experiences of your life, and of the lives of your children. Here are some facts to help you find your way through the maze and get the best outcome for your children at this difficult time. What is Child Custody? Child custody is a legal term describing the relationship between a child and their parent. Divorce usually involves the parents living separately, so they need to agree on appropriate care for their children. Child custody has two elements. Legal custody isContinue reading